Planning board asks for complete Fairing Hill plan set, schedules Sept. 14 hearing ahead of Sept. 17 court deadline

The Wareham Planning Board on Aug. 10 voted to request a complete and final plan set from the Fairing Hill solar applicant that "conforms to the settlement agreement," and to schedule a public hearing on Sept. 14 to review and confirm that plan set.

Attorney Rich Bowen, representing the board in mediation, told members the decision to mediate followed an appellate environment and statutory changes that make outright denials of certain solar projects harder to sustain. "The court has asked us to report back by September 17," Bowen said, explaining why the board sought an expedited review. He urged the board to accept negotiated protections reached in mediation rather than pursue further litigation that could leave the town with fewer safeguards.

Planning staff and board members had flagged several outstanding technical items: whether the most recent plan set reflects removal of the previously proposed battery energy storage system, how reforestation and decommissioning provisions are documented, and whether additional groundwater monitoring commitments are captured in the decision and plan documents. Planning staff was directed to obtain a clear, dated plan set and include the settlement agreement references within the materials the board will review.

Board member Carl Schultz moved that the planning office, working with Attorney Bowen, request the applicant provide a "complete and final plan set that conforms to the settlement agreement" and that Allen & Majors review the submission for completeness; both motions passed by voice vote (recorded 4–0). The board also voted to publish a public hearing notice for Sept. 14 "for the purpose of reviewing and confirming the plan set" and to make clear in the notice that the hearing is to confirm conformity with the settlement rather than to approve or deny the project.

The board emphasized it remains aligned with the substance of its prior denial but said mediation was pursued to secure conditions a court ruling likely would not have left the town. Planning staff and counsel said they would follow up with a letter to the applicant and that counsel would call opposing counsel to communicate the board's requests.

Next steps: the planning office will request the final plan set and the board will receive the materials, enable the peer-review check by Allen & Majors, and hold the Sept. 14 hearing so the board can report to the court by Sept. 17.